When someone is injured in a car accident or another type
of accident in Alabama, they may be entitled to compensation in the form of
monetary damages. Calculating damages is a complicated process, however, and
this process will vary with each case depending on the individual
circumstances.

Were you Partially at Fault for the Accident?

Before discussing how are damages are calculated in
Alabama accident case, we must first determine whether you are entitled to any
damages or not. Alabama is one of the few states in the nation that applies the
defendant-friendly “contributory negligence” legal standard. Under this
standard, if an injured party is found to have “contributed” in any way to the
underlying accident, they can be barred from recovering any compensation at
all.

Most other states apply some type of comparative
negligence standard, which means that an injured party could still collect
damages even if they were partially at fault. Their damage award is reduced in
proportion to the percentage of fault they share, but they are still able to
recover some compensation when they get hurt in an accident.

Contributory negligence is a much higher bar to clear,
and this is one many of reasons it is vitally important for someone who is
injured in an accident in Alabama to get an experienced attorney involved as
early as possible. Without strong legal guidance, it is very easy to make a
critical mistake that the other side will seize upon in order to deny you the
compensation you rightfully deserve.

Types of Damages Available from Alabama Accident Cases

Assuming you are able to prove that the other party is
100% at fault for the accident, there are several different types of damages
that can be recovered. Compensatory damages can be divided into two general
categories:

Economic Damages

These are actual monetary losses the injured party
incurs, and they are fairly easy to quantify.
Damages in this category may include:

Medical Bills: Medical costs are among the largest
expenses that an accident injury victim will incur. Through an injury claim,
damages can be sought for expenses such as hospitalization costs, costs for
surgeries and other types of medical treatment, rehabilitation, and ongoing
medical care (in the event of a long-term or permanent injury).

Lost Wages: When someone gets hurt in an accident,
they often need to miss a good number of days from work while they are
recovering. Lost wages for days missed from work should be fully compensated.

Loss of Future Earning Capacity: If an accident victim
suffers a long-term or permanent injury, they may not be able to go back to
work for a while (if they are able to return to work at all). When this is the
case, you must calculate the value of wages you could have reasonably been expected
to earn in the future.

Property Damage: In many accident cases, there is property
damage in addition to physical injuries. For example, in the case of a car
crash, there is most commonly damage to the vehicles involved.

Non-Economic Damages

These are damages that, although they are real, they are
more intangible and difficult to quantify. Non-economic losses may include:

Pain and Suffering: Damages for the excruciating physical pain
and suffering an injury victim has to endure after an accident.

Psychological Distress: In addition to physical pain, there is
also a high amount of emotional pain; such as fear of an uncertain future,
anxiety, sleepless nights, and similar problems.

Diminished Quality of Life: An injury victim may not
be able to participate in the same activities they once enjoyed, such as
running or playing a certain sport.

Loss of Consortium: When there is serious injury or death,
someone who is close to the victim may be able to pursue damages for loss of
consortium and in the case of a wrongful death, loss of companionship,
guidance, and support.

In Alabama, non-economic damages are capped at $400,000
if the injury occurred because of medical malpractice.

Punitive Damages

In more limited cases in which the actions of the party
responsible for the accident were willful or malicious, punitive damages may
also be awarded. Punitive damages are not meant to compensate the injured
party, but rather to “punish” the wrongdoing that resulted in the injury and
help discourage similarly egregious actions in the future. In Alabama, punitive
damages are capped at three times the amount of compensatory damages. However,
there is also a hard cap of $1.5 million no matter how large the compensatory
damage award is.

If you or someone close to you was injured in an accident
in Alabama, it is important to act quickly to protect and preserve your right
to recover damages. Call Burns, Cunningham & Mackey, P.C. today at (251)
260-3815 to schedule a free consultation and case assessment. You may also send us a message through our
online contact form or stop by our Mobile office in person at your convenience.

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This website is for informational purposes only and does not establish an attorney-client relationship. No representation is made that the quality of the legal services to be performed is greater than the quality of the legal services performed by other lawyers.